도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Criminal facts
On August 10, 2006, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) in the Changwon District Court’s branch on August 10, 2006. On November 20, 2009, the Defendant was sentenced to a suspended sentence of two years for the same crime.
Criminal facts
Although the Defendant had been punished twice due to the above violation of the Road Traffic Act (driving) at around 22:00 on April 18, 2015, the Defendant driven a car owned by himself, under the influence of alcohol 0.114% from the 1km section of about 1km to the day before the restaurant, a gallon, which is owned by himself, in the state of under the influence of alcohol 0.114% from the 1km section of the 1km to the day after the restaurant.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the circumstances and report on the detection of such a driver;
1. Inquiry into the result of the crackdown on drinking driving;
1. Previous convictions in judgment: References to criminal records, investigation reports (judgments and summary orders) and the application of statutes;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment with prison labor;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Determination of the punishment against the defendant by taking account of the defendant's age, character and conduct, environment and circumstances after the crime, etc. with the reason of sentencing under Article 62-2 of the Criminal Act, including the defendant's blood alcohol concentration, the degree and distance of alcohol level, the history of being punished for the same kind of crime, and other conditions of sentencing under Article 51 of the Criminal Act, and imposition of orders to provide community service and attend lectures upon reflect and reflect